M-3/6/2001 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 6, 2001
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
Feinstein at 7:04 p.m, on Tuesday, March 6,2001, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Richard Bloom
Councilmember Ken Genser
Councilplember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Herb Katz
Absent:
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 7:04 p.m., with
Councilmember Katz absent. Mayor Pro Tern Bloom led the assemblage in
the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
The following members of the public addressed items on the consent
calendar: Joy Fullmer, Carol Snider, Pro Se, Steven Johnson, Chuck Allord.
At the request ofCouncilmember Genser, Item l-E was pulled off the
Consent Calendar.
Motion bv Councilmember Genser. seconded by Councilmember O'Connor,
to approve all items on the Consent Calendar as presented except for Item
l-E, reading resolutions and ordinances by title only and waiving further
reading thereof, and amending the minutes of November 14 as suggested by
the City Clerk, for a minor clerical error. The motion was approved by the
following vote:
March 6, 2001
MINUTES
EARTHQUAKE
RECOVERY
OCEAN PARK BEACH
PLAYGROUND
VERIWN WIRELESS
TELEPHONE SERVICES
VALET PARKING
ORDINANCE
PUBLIC HEARING FOR
PROPOSED FARE
CHANGES FOR BIG
BLUE BUS
AYES:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
I-A: The minutes of November 14, as amended, and of November 28,
2000, City Council meetings, were approved.
1-B: Earthquake Recovery Resolution - Resolution No. 9630 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
1-C: Resolution approving application for grant funds to renovate the
Ocean Park Beach Playground - recommendation to adopt Resolution
No. 9631 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING THE APPLICATION FOR GRANT FUNDS
TO RENOVATE THE OCEAN PARK. BEACH PLAYGROUNDS NEAR
OCEAN PARK BOULEVARD AND BARNARD WAY; AND, .
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL NECESSARY DOCUMENTS FOR ACCEPTANCE OF
THE GRANT FUNDS," was adopted.
1-D: Verizon Wireless Cellular Telephone Services - recommendation to
authorize City Manager to negotiate and execute two-year Agreement No.
7897 (CCS) with Verizon Wireless, for an amount not to exceed $100,000
per fiscal year, for cellular telephone service, was approved.
1-F: Ordinance No. 2000 (CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA ESTABLISHING PERMIT REQUIRE-
MENTS, OPERATING CONDITIONS AND ENFORCEMENT
PROVISIONS FOR VALET PARKING," was adopted. (Introduced on
February 27,2001.)
1-E: Recommendation to set a public hearing on May 22, 2001, for
proposed fare changes for the Big Blue Bus.
Councilmember Genser advised he had removed this item from the Consent
Calendar because he did not have enough information to take action on the
recommendation and suggested a study session be held to review and
explore all possible options.
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March 6, 2001
CLOSED SESSIONS
ORDINANCES
LANDSCAPING
REQUIREMENT
MODIFICATIONS
SIGN ORDINANCE
Motion bv Councilmember Genser. seconded by Mayor Pro Tem Bloom, to
direct staff to schedule a study session at the most convenient date. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, O'Connor, Holbrook,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT
On order of the Mayor, the City Council to consider closed sessions at the
conclusion of the action agenda items.
7-A: Second reading and adoption of Ordinance No. 2001 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.10.04.070(A) OF THE SANTA MONICA
MUNICIPAL CODE ALLOWING FOR ARCmTECTURAL
REVIEW BOARD MODIFICATION TO THE LANDSCAPING
REQUIREMENTS FOR PAVED AREAS WmCH PROVIDE
PARKING PRIMARILY FOR BUSES AND SIMILAR OVERSIZED
VEmCLES," was presented. (Introduced on February 27,2001.)
Motion by Councilmember McKeown. seconded bv Mayor Pro Tem Bloom,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES
Councilmembers Genser, McKeown, O'Connor, Holbrook,
Mayor Pro Tem Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT
7-B: Ordinance for introduction and first reading entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTIONS 9.52.010, 9.52.070, 9.52.080, 9.52.090, 9.52.120, 9.52.130,
9.52.104,9.52.160,9.52.200 AND 9.52.210, AND REPEALING
SECTIONS 9.52.240 AND 9.52.250 OF THE CITY'S SIGN
ORDINANCE," was presented.
Members ofthe public Chuck Allord and Joy Fullmer addressed various
issues in the proposed ordinance.
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March 6. 2001
AMENDMENT TO
PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
TAXICAB OWNERS
AND DRIVERS
Motion by Councilmember Genser. seconded by Councilmember McKeo~
~
to introduce the ordinance amended to include Councilmembers as having
the ability to file an appeal on a decision, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
7-C: Resolution of Intention to amend the contract with the Public
Employees' Retirement System (PERS), and introduction and first
reading of an ordinance to amend the contract - recommendation to hold
a public hearing; to adopt Resolution No. 9632 (CCS) entitled: "A
RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO
APPROVE AN THE AMENDMENT TO THE CONTRACT BETWEEN
THE PERS AND THE CITY OF SANTA MONICA TO PROVIDE
SECTION 21354 (2% @ 55 FULL FORMULA) AND SECTION 20042
(ONE- YEAR FINAL COMPENSATION) FOR LOCAL MISCELLANEOUS
MEMBERS; and, introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING A
CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM," was presented.
Members of the public Chuck Allord and Joey Fullmer expressed concerns
regarding the proposed action.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, to
introduce the ordinance for first reading and to adopt the resolution, reading
both by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, McKeown, O'Connor, Holbrook,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Absent.
NOES:
ABSENT:
7-D: Ordinance for introduction and tIrst reading adding Sections
6.48.031 and 6.48.140 to the Municipal Code and amending Section
6.48.040 of the Municipal Code relating to taxicab owners and drivers.
Members ofthe public Chris French and Nettabai Ahmed expressed concerns
regarding some regulations of the proposed ordinance.
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March 6, 2001
STAFF ADMIN. ITEMS:
SUMMER BEACH
PARKING PROGRAM
RECESS
WRITTEN COMMUNI-
CATIONS:
TENANT ORDINANCE
ENFORCEMENT
Discussion ensued regarding the concerns expressed during public comment.
It was the consensus of Council to direct staff to re-draft the language to
address issues expressed by members of the public regarding the term
"employer" and the length of time a drug test certificate may be valid, and to
look into developing a City generated form for reporting rates. Staff directed
to return on March 27,2001.
8-A: Status Report on Summer 2000 Beach Parking Program and
resolution approving Beach and Pier Parking Pricing Program -
recommendation to authorize the City Manager to implement the Beach and
Pier Parking Pricing Program, and to adopt Resolution No. 9633 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
INCREASING THE MAXIMUM RATE FOR THE PIER DECK LOT AND
THE BEACH LOTS TO $8.00 PER DAY," was presented.
Members of the public Gary Gordon, Linda Sullivan and Joe Pipersky spoke
in support ofthe recommendation.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember McKeoID1
to approve staff recommendation amended to direct staff to proceed with
extension of the short-term parking by 92 spaces and to return with
recommendations for the adjustments to the long-term rates, adopt the
resolution reading by title only, and waiving further reading thereof The
motion was approved by the following vote:
AYES
Councilmembers Genser, McKeown, O'Connor, Holbrook,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT.
On order of the Mayor, the City Council recessed at 9: 10 p.m., and reconvened
at 9:21 p.m., with Councilmember Katz absent.
12-A: Request of Michael Tarbet and/or Nancy Greenstein to address
Council regarding inadequate implementation ofthe Tenant Harassment
Ordinance and inadequate code enforcement concerning habitability
problems and citations, was presented.
The following members of the public spoke in support of adequate
implementation ofthe Tenant Harassment Ordinance and code enforcement:
Carol Snider, Pro Se, Chuck Allord, George George, Bianca Lahrey, Joan
Miller, K.I. Jolson, lL. Jacobson, Eugene Duffy, Jerry Rubin, Quincy, Monica
Fernandez, Carol Pierce, Kathleen Masser, Donna Jensen, Beth Ingersoll, Alan
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March 6, 2001
Counci/member Holbrook
was excused at 11:00 p.m.
COUNCILMEMBER
ITEMS:
PUBLIC INPUT
CLOSED SESSIONS:
Toy, Raquel Stenberg, Linda Sullivan, Pam Vavra, Maureen Mika, Lynda
Lynn, Donald Lahr, Broria Finkel, Maria Linares, JeIllliferKennedy, Jimf
Simmons, Annie Libenson, Jaime Nicobisen, Peter Sharma, Ellen Brennan,
Diana Meier, Arthur Harris, Annette Del Zoppo, Christopher Walton, Andrew
Zanger, Denise McGranahan, and Sally Molloy.
Sharon Urquahart and Deborah Kautzky spoke in support of landlords who
follow the law and respect their tenants.
It was the consensus of the City Council to direct staff to analyze the concerns
raised by members ofthe public and return with options and recommendations
to address them.
13-A: Request of Mayor Pro Tern Bloom to direct staff to advocate for
more Affordable Housing funding at both the State and Federal levels and
authorize the Mayor to send a letter conveying the concerns and specific
proposals of the Santa Monica Commission on Older Americans
regarding the crisis in Affordable Housing, was presented.
Members of the public Pro Se, Victor Ludwig, Chuck Allord, and Quincy
spoke in support of the request.
Motion bv Mavor Pro Tern Bloom. seconded bv Councilmember Genser, to
approve request and notify all communities in the region of the action take!:,
tonight. The motion was unanimously approved by voice vote, with
Councilmembers Holbrook and Katz absent.
Member of the public Jerry Rubin spoke in support of open meetings by
neighborhood groups.
On order of the Mayor, the Council recessed at 2:52 a.m., to the following
closed sessions.
2-A: Conference with Legal Counsel B Existing Litigation-:
Foodmaker. Inc. v. City of Santa Monica, Case No. SS 007 078.
ACTION
Heard. No repbrtable action taken.
2-B: Conference with Legal Counsel B Existing Litigation: U-Haul
Co.. et at v. City of Santa Monica. Case No. CV 00-10225 NM (Rzx).
ACTION
Heard. No reportable action taken.
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March 6, 2001
ADJOURNMENT:
2-C: Conference with Legal CounselB Existing Litigation: Alice Cole.
et at v. City of Santa Monica, Case No. SC 055 183.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
ACTION:
Not heard.
On order of the Mayor, the City Council meeting was adjourned at!:1O a.m.,
to March 27,2001.
ATTESl:
\ ------
~ ~.~~~
Maria M. Stewart "\ ---
City Clerk
Michael F6instein
Mayor
APPROVED:
1
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March 6. 2001